Acórdão nº 9140329 de Court of Appeal of Porto (Portugal), 05 de Junho de 1991
| Magistrado Responsável | RAMIRO CORREIA |
| Data da Resolução | 05 de Junho de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISãO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/ESTADO.
Legislação Nacional: CPP29 ART468 ART663. CP82 ART30 N2 ART48 N1 ART73 N1 ART74 ART78 N5 ART228 N1 A B N3 ART313 N1 ART420 N1 ART423 N1 ART424 N1.
Jurisprudência Nacional: AC STJ DE 1954/07/14 IN BMJ N44 PAG115.
Sumário: 1 - As circunstancias que justificam a atenuação especial da pena podem, por maioria de razão, produzir o efeito da atenuação geral. A mais reduzida ou a mais ampla revelancia dessas circunstancias na gravidade do facto ilicito ou da culpa e que ditara a sua consideração como causa de atenuação geral ou especial. 2 - Nos crimes de falsificação de documento, peculato e corrupção passiva praticados por um tesoureiro da Fazenda Publica o decurso do tempo não tem relevancia para fim de atenuação especial da pena dada a gravidade dessas infracções cujas...
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